4312 Additional Assistance Planning Provisions - The following additional principles are applicable for assistance planning purposes:

1. Marriage establishes legal responsibility between the couple. Any marriage (including same sex) validly established in Kansas or another jurisdiction either through a civil licensed contract or by common-law (see 2 below) shall be recognized. Once established, the marriage (both civil and common-law) may only be dissolved through a formal divorce court proceeding.

A common-law marriage establishes legal responsibility between the couple. To be considered common-law married, the couple must meet all of the following conditions:

a. have the legal capacity to marry:  

i.  be at least 18 years old  

ii. are legally competent

iii.are not already married to someone else

 b. consider themselves to be presently married

 c. hold themselves out to the public as married

2. Any individual who does not have the legal responsibility to support a person in need is not required to do so. When such individual in the household, including an SSI recipient, voluntarily and regularly contributes cash to the applicant/ recipient toward household expenses (including his maintenance needs), the net amount of income realized by the household shall be considered. To determine the net amount of income to be counted, the difference in the PIL including the individual and the PIL excluding the individual shall be deducted from the gross amount of the contribution.

3.  The total income and resources of both spouses shall be considered in determining eligibility of either or both for assistance if they are living together (including physical separation while maintaining a common life).  This provision is not applicable for situations where one or both spouses enter an institutional or HCBS arrangement.  See 5200 (9), 6100 (5), and PM2021-02-01, re: Spouse’s Resources Disregarded in Long Term Care Determination.